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A federal judge has shot down a lawsuit brought by heirs of notorious bank robber John Dillinger over the depiction of the Dillinger name in video games based on the classic movie "The Godfather."
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
T.R. v. Review Board
93A02-1005-EX-640
Agency action. Affirms Indiana Department of Workforce Development Review Board decision affirming the findings by the administrative law judge that T.R. left her employment without good cause. T.R. was afforded due process and the ALJ’s findings are supported by the evidence.
Luciano Torres v. State of Indiana (NFP)
44A03-1011-CR-615
Criminal. Affirms sentence for Class B felony dealing in cocaine.
Ralph L. Smith v. State of Indiana (NFP)
45A03-1011-CR-557
Criminal. Affirms sentence for Class B felony robbery.
Eric Bell v. State of Indiana (NFP)
47A04-1008-CR-489
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of a search warrant.
Brandon Livers v. State of Indiana (NFP)
22A01-1011-CR-580
Criminal. Affirms revocation of probation and imposition of the balance of Livers’ suspended sentence.
Michael E. Cooper v. State of Indiana (NFP)
12A05-1010-CR-653
Criminal. Reverses sentence for four counts of Class D felony fraud and one count of Class D felony theft. Remands with instructions.
Kathleen M. Brockman v. State of Indiana (NFP)
40A01-1011-CR-645
Criminal. Affirms conviction of false informing as a Class B misdemeanor.
Douglas Boston v. State of Indiana (NFP)
03A05-1010-CR-626
Criminal. Affirms convictions of and sentence for Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture.
Indiana Tax Court had posted no opinions at IL deadline.
Former Delaware County Prosecutor Mark McKinney has been suspended for 120 days, the Indiana Supreme Court announced Thursday. The suspension begins July 28, with automatic reinstatement upon its conclusion, subject to the conditions of Admission and Discipline Rule 23(4)(c).
Indiana Court of Appeals
T.R. v. Review Board
93A02-1005-EX-640
Agency action. Affirms Indiana Department of Workforce Development Review Board decision affirming the findings by the administrative law judge that T.R. left her employment without good cause. T.R. was afforded due process and the ALJ’s findings are supported by the evidence.
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 1.3 percent pay increase for judges and prosecutors.
The Indiana Supreme Court will continue to stay out of the suit involving Indiana Secretary of State Charlie White and whether he was eligible to run for office.
Announcing two new appointments simultaneously, the Indiana Supreme Court has chosen the state public defender and director of the Board of Law Examiners.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
The Board of Commissioners in County of Allen, Commissioner Linda K. Bloom, et al. v. Northeastern Indiana Building Trades Council, et al. (NFP)
02A03-1009-PL-534
Civil plenary. Affirms summary judgment for Northeastern Indiana Building Trades Council and other appellees in their suit challenging the common wage determination for renovation of a building.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
The Board of Commissioners in County of Allen, Commissioner Linda K. Bloom, et al. v. Northeastern Indiana Building Trades Council, et al. (NFP)
02A03-1009-PL-534
Civil plenary. Affirms summary judgment for Northeastern Indiana Building Trades Council and other appellees in their suit challenging the common wage determination for renovation of a building.
On order from the 7th Circuit Court of Appeals, an Indiana judge has decertified the class in a lawsuit against State Farm following a 2006 hail storm in central Indiana.
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May in Gov. Mitch Daniels' office.
The Indiana State Bar Association Latino Affairs Committee’s Trailblazer/Abriendo Caminos Award will recognize for the first time the outstanding achievements, commitment, and leadership of a lawyer who has paved the way for the advancement of other Latino attorneys and/or the Latino community.
The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
Indiana Court of Appeals
Elmos Jewell v. City of Indianapolis
49A02-1010-OV-1228
Local ordinance violation. Affirms finding Jewell violated Section 531-728 of the Revised Code of the Consolidated City and Marion County concerning animal care and other animal matters. The failure to mention this section in the agreed judgment in a previous violation case did not indicate that the city waived enforcement of that provision.
T.L. v. J.L.
54A01-1008-DR-386
Domestic relation. Affirms grant of father J.L.’s motion to prevent mother T.L. from relocating to Tennessee with their minor sons. Mother has shown good faith and legitimate reasons for proposing the relocation, but the trial court didn’t err in concluding that the relocation wasn’t in the children’s best interests.
Richard D. Williams v. State of Indiana (NFP)
87A05-1101-CR-42
Criminal. Affirms sentence following guilty plea to Class C felony forgery, Class D felony fraud, and Class D felony receiving stolen property.
B.B. v. State of Indiana (NFP)
71A05-1012-JV-791
Juvenile. Affirms modification of order awarding wardship of B.B. to the Indiana Department of Correction.
Karen Vanderbosch v. Thomas Vanderbosch (NFP)
02A03-1007-DR-357
Domestic relation. Reverses order finding that Thomas Vanderbosch overpaid child support, giving him a credit for that overpayment; and finding that one of his children repudiated his relationship with Thomas and thereby eliminated Thomas’ obligation to contribute to post-secondary educational expenses. Remands for further proceedings.
James D. Bailey, Jr. v. State of Indiana (NFP)
45A05-1006-CR-337
Criminal. Affirms conviction of felony murder in perpetration of a robbery.
Purnell L. Moore v. State of Indiana (NFP)
54A01-1011-CR-593
Criminal. Affirms order directing Moore serve the remaining four years of his suspended sentence following the revocation of his probation.
Elizabeth Noll v. State of Indiana (NFP)
29A04-1010-CR-651
Criminal. Affirms conviction of intimidation as a Class A misdemeanor.
James D. Douglas v. State of Indiana (NFP)
73A01-1010-CR-586
Criminal. Affirms revocation of probation and order that Douglas serve one year of his remaining sentence in prison.
David Marsee v. State of Indiana (NFP)
17A03-1010-CR-520
Criminal. Affirms conviction of dealing in methamphetamine as a Class A felony.
Mark Rector Bryan v. Tammy A. Bryan (NFP)
82A01-1008-DR-416
Domestic relation. Affirms calculation of child support obligation of Mark Bryan.
Superior Mortgage Funding, LLC, Jeremie Sheneman, Michael Sheneman and Andrew Beam v. Gladys Zoleko and Paul Davies (NFP)
71A05-1007-PL-432
Civil plenary. Affirms denial of Michael and Jeremie Sheneman’s motion to set aside judgment enforcing their settlement agreement with Gladys Zoleko and Paul Davies. Affirms denial of Michael’s motion to disqualify the plaintiffs’ counsel.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Alva Curtis v. State of Indiana
49S02-1010-CR-620
Criminal. Reverses denial of Curtis’ motion to dismiss. The trial court should have granted Curtis’ motion to dismiss and discharge because the days that counted toward the Rule 4(C) period exceeded 365. Curtis is not entitled to dismissal on fundamental-fairness grounds because he has not been involuntarily committed and there hasn’t been an appropriate finding that he will never be restored to competency. Remands with instructions to dismiss the charging information.
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
The Indiana Supreme Court has suspended 210 attorneys for not complying with continuing legal education requirements or nonpayment of attorney registration fees.
A panel of Indiana Court of Appeals judges will hear arguments in a contempt of court case Wednesday in northeast Indiana.
The longtime leader of the Indiana Prosecuting Attorneys Council is retiring Aug. 1, leaving the statewide agency he’s been with for more than three decades.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Antwon Abbott v. State of Indiana
34A02-1009-CR-1067
Criminal. Affirms convictions of and sentence for Class B felony possession of cocaine and Class A misdemeanor possession of marijuana. The trial court did not abuse its discretion in admitting into evidence the cocaine and marijuana found during the search of Abbott’s person. His argument fails that the statute that elevated his possession crime to a Class B felony is unconstitutionally vague as applied to him.
The City of Boonville v. American Cold Storage, et al.
87A01-1004-PL-167
Civil plenary. Reverses trial court holding that tax-exempt parcels shouldn’t be counted in determining the total number of landowners in the annexed territory. The clear language of Indiana Code 36-4-3-11(a)(1) indicates the Legislature’s intent that all property – whether taxable or tax exempt – should be counted in determining standing. The trial court erred in determining the landowners have standing to bring a declaratory judgment action. Remands for that action to be dismissed. Affirms that adjacent landowners do not have standing to join in the remonstrance under the 65 percent rule.
Khawar Muneer v. Shazi Muneer
32A01-1012-PO-658
Protective order. Affirms denial of Khawar Muneer’s motion to transfer venue. Shazi Muneer filed her petition in the county of her residence, in compliance with Indiana Code 34-26-5-4(b).
Jane D. Connolly v. Michael P. Connolly
02A04-1101-DR-4
Domestic relation. Affirms judgment in favor of Michael Connolly that Jane Connolly isn’t entitled to an equalization payment based on his ownership interest in commercial real estate. The only circumstances in which he would owe an equalization payment would be if the total value of his interest in Bantry Bay had increased. Affirms order that Jane pay a portion of Michael’s attorney fees.
Kyle D. Rosenfield v. State of Indiana (NFP)
22A05-1007-CR-648
Criminal. Affirms sentence following guilty plea to Class C felony auto theft.
Paternity of B.S.C.; S.C. v. N.A.S. (NFP)
55A04-1012-JP-780
Juvenile. Affirms order on emergency hearing which denied father’s request to modify physical custody.
Robert P. Webber v. State of Indiana (NFP)
71A03-1011-CR-647
Criminal. Affirms conviction of Class B felony conspiracy to commit burglary.
Term. of Parent-Child Rel. of D.D.; S.D. v. I.D.C.S. (NFP)
20A03-1010-JT-506
Juvenile. Affirms order terminating parental rights.
Cory Blocker v. State of Indiana (NFP)
31A04-1010-CR-635
Criminal. Affirms conviction of Class D felony theft and revocation of probation.
Richard Bartlett v. State of Indiana (NFP)
29A04-1012-CR-813
Criminal. Affirms sanction for violating probation.
Henry Howard v. Raymond Grimes, et al. (NFP)
48A04-1010-CC-629
Civil collection. Dismisses Howard’s appeal for lack of jurisdiction.
Warrum Construction Inc., et al. v. Yellow Book Sales and Distribution Co., Inc. (NFP)
49A05-1011-CC-722
Civil collection. Affirms summary judgment for Yellow Book in its complaint seeking payment from Warrum Construction of the balance owed under contracts for advertising.
Alfred M. Wiley v. State of Indiana (NFP)
45A04-1007-CR-417
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine and Class C felony carrying a handgun without a license.
Vaughn Highley v. State of Indiana (NFP)
27A04-1011-CR-710
Criminal. Affirms sentence for Class B felony criminal confinement and Class C felony battery resulting in serious bodily injury.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court granted one transfer for the week ended June 10.